Opinion

Boyd v. Board of Parole

  • 338 Or. App. 254
Court
Court of Appeals of Oregon
Filed
Feb 26, 2025
Status
Unpublished
On the bench
Egan
Cited by
1 cases
Authority
More cited than 89.6%

The opinion

254 February 26, 2025 No. 159

This is a nonprecedential memorandum opinion

pursuant to ORAP 10.30 and may not be cited

except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE

STATE OF OREGON

SHANE ALLEN BOYD,

Petitioner,

v.

BOARD OF PAROLE

AND POST-PRISON SUPERVISION,

Respondent.

A185027

Submitted January 10, 2025.

Rankin Johnson and Rankin Johnson Law, LLC filed the

brief for appellant.

Dan Rayfield, Attorney General, Benjamin Gutman,

Solicitor General, and Philip Thoennes, Assistant Attorney

General, filed the brief for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

EGAN, J.

Reversed and remanded.

Nonprecedential Memo Op: 338 Or App 254 (2025) 255

EGAN, J.

Petitioner seeks judicial review of a final order of

the Board of Parole and Post-Prison Supervision (board)

that set his sex offender notification level at Level 3. We

reverse and remand the board’s final order.1

The board concedes that it erred in assessing peti-

tioner’s risk of reoffending without considering his offense-

free time in the community. We agree with and accept the

concession. Under our decisions in Thomsen v. Board of

Parole, 333 Or App 703, 554 P3d 308, rev den, 373 Or 81

(2024), and Allen v. Board of Parole, 334 Or App 447, 557

P3d 178, rev den, 373 Or 121 (2024), the board was required

to assess petitioner’s present risk of reoffending. The appro-

priate remedy is to reverse and remand to the board for fur-

ther proceedings. Thomsen, 333 Or App at 717.

Reversed and remanded.

1

As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge

panel.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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